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(영문) 울산지방법원 2020.11.27 2020고합308
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 17, 2019, the Defendant: (a) was released from the 7th election district of the Dong-si local council members C; (b) was elected as the candidate D (hereinafter “D”); and (c) was sentenced to a fine of KRW 4 million for a crime of violating the Public Official Election Act at the Ulsan District Court on May 17, 2019; and (d) was decided on January 15, 2020, and cannot conduct a competition campaign as a person without the right to vote; (c) G is prohibited from holding a competition campaign as the chairperson of the Ulsan PH Council and the 21st election of the National Assembly members conducted on April 15, 2020.

2. A preliminary candidate was registered on March 15, 2020 to 100% of the intra-party competition through a public opinion poll on March 15, 2020 to 16.

On February 2, 2020, the Defendant opened the Defendant’s Facebook through I, a branch of the above G Assembly member’s election campaign in order to carry out the public relations activities of the above G Council member, including Facebook, and up to 10:32 on February 25, 2020, at the above G Council member’s election office on the fourth and fourth floor with the help of those who are in the above I, and posted nine copies of a photograph in which the G Council member laid down the shoulder belt for public relations and takes part in the citizens on the street from that day to March 16, 2020, and posted a competition campaign for G for the purpose of public relations activities for G six times in total, such as the list of crimes in the attached list of crimes.

Accordingly, although the Defendant did not have the right to vote in the intraparty competition, he did not participate in the competition campaign in the intraparty competition, he did so for G to be a candidate with respect to the total election.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused and I by the prosecution;

1. Each prosecutor's statement concerning I and L;

1. Copy of the prosecutor's statement concerning M;

1. Each investigation report is accompanied by a copy of the A Pest bulletin, attachment of A Pest North-friendly list, attachment of article of G Council member Mama Declaration, verification of E competition method, and intra-party competition.

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